BVA9500565 DOCKET NO. 93-04 292 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES Entitlement to an earlier effective date for the assignment of a total disability evaluation for chronic, undifferentiated type schizophrenia with features of post-traumatic stress disorder (PTSD), prior to February 5, 1991. Whether total disability from chronic, undifferentiated type schizophrenia with features of PTSD is permanent in nature? REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD R. K. ErkenBrack, Counsel REMAND The veteran had active duty from September 1968 to June 1971 and from August 1974 to April 1977. The service and postservice medical records indicate psychiatric diagnoses of chronic, undifferentiated schizophrenia, acute anxiety, passive-aggressive dependent personality with history of drug dependency and antisocial actions, depressive reaction, mixed substance abuse - opiates and alcohol, PTSD with a history of poly-substance abuse/dependence (panic attacks), generalized anxiety disorder, recurrent major depression versus bipolar affective disorder, and panic disorder with agoraphobia. The veteran has not received a Department of Veterans Affairs (VA) psychiatric rating examination for many years, although his psychiatric status has been evaluated and treated repeatedly at VA Medical Centers and Mental Health Clinics, the most recent of record having been at VA Medical Center, Charleston, South Carolina, in November and December 1992. With respect to the issue of permanency of total disability from service connected psychiatric disablement, his representative requests a current rating examination with an opinion from the examiner as to prognosis of the psychiatric disability. In this regard, it is claimed that substance abuse is a manifestation of psychiatric disablement and a consequence of self-medication for such disablement. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. After obtaining the veteran's written authorization for the release of medical records, the RO should obtain the complete medical records covering the veteran's treatment at Charlotte Mental Health Clinic, Billingsley Road, Charlotte, North Carolina, 28211, and treatment at Charlotte Memorial Hospital, before the veteran was transferred from there on September 17, 1987, to the VA Medical Center in Salisbury, North Carolina. 2. The RO should obtain all the outpatient and hospital treatment records from the VA Medical Centers at Charlotte, Salisbury and Durham, North Carolina, and Columbia and Charleston, South Carolina, including all the records of hospitalization in October 1971 at Salisbury, North Carolina, February and August 1976 at Durham, North Carolina, and outpatient treatment records in 1973 and 1974 at Charleston, South Carolina. 3. The veteran should be afforded a VA psychiatric examination to ascertain the severity and all the diagnoses of his psychiatric disability picture. All indicated psychological testing should be accomplished. The claims folder should be made available to the examiner for review before the examination. It is requested that the examiner designate all outstanding psychiatric diagnoses the record supports to be present, and render an opinion on the prognosis of the veteran's psychiatric disablement and the separate disabling effect of substance abuse, if it can be separated, and whether such substance abuse is a primary condition or a manifestation of service-connected psychiatric disablement. The rationale for the conclusions reached would be appreciated. 4. The RO should obtain the veteran's vocational rehabilitation and education counseling folders and associate them with the claims folder. 5. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. BRUCE E. HYMAN. Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1993).